252 F. 120 | 8th Cir. | 1918
This is an action brought by George Casey, as plaintiff, against the Ford Motor Company and C. N. Deitz Dumber Company as defendants, to recover damages for perspnal injuries received by him through the alleged negligence of Ford' Motor Company. The Dumber Company was the employer of Casey, within the terms of the Nebraska Workmen’s Compensation Daw (Daws 1913, c. 198), and it only seeks in this action to reimburse itself for moneys paid to. the plaintiff under that law. The action, then, is really between the plaintiff and the Ford Motor Company, hereafter called defendant. The plaintiff assigns as error the refusal of the court to direct a verdict in its behalf. The trial court did take from the jury, whether rightly or wrongly cannot now be considered, all grounds of negligence excepting one. This ground was stated in the complaint as follows:
“That the Ford Motor Company, defendant herein, shortly before July 2G, 1916, had constructed a large building for carrying on its business at Sixteenth and Cuming streets, Omaha, Neb.; that said building was so constructed that the entrance to same for the purpose of delivering lumber, such*121 as that delivered by the plaintiff herein, was on the west side of said building through a door large enough to drive through with a team and wagon; ihat said building was so constructed that a party driving therein, before reaching the interior of said building proper, was obliged to drive through an entrance or passageway slightly wider than the space required for the passage of a team and wagon, and about 10 feet in length; that at the end of said passageway, before entering into the building proper, there was located a door which was slightly wider than the room necessary for the passage of a team and wagon; that the doorway at the entrance of said building was 8 feet 11 inches high, and the doorway at the entrance from said passageway into the building xu'oper was 8 feet 5% inches in height, * * * and said Ford Motor Company negligently and carelessly constructed said passageway and the door leading info tile main part of said building in an unsafe and dangerous manner, for the purpose of driving into and through said passageway and door with loads of lumber similar to the one driven by the plaintiff herein.”
The trial court, after stating to the jury that this claim of the plaintiff was the one claim on which he was entitled to go to the jury, further said to them:
“The only claim he has got against the Ford Motor Company is in the charge that the entrance was defective. And in the evidence! it appears that his claim is that it was built in such a way that, when approaching it with a load, ho could not see either, he claimsi the second door beyond the first, or the fact that the second door on beyond tire first, further into the building-, was six inches lower than the one in the outer wall of the building. Now tluit is ids claim.”
The jury returned a verdict in favor of the plaintiff.
The judgment below should be reversed, and a new trial granted; and it is so ordered.
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